Before individuals can recover monetary damages for experiencing a personal injury, they must show that someone else is at fault. How do lawyers establish fault and legal responsibility? Here’s what you should know about how lawyers determine liability in a personal injury case.

Breach of Duty

Showing negligence is a key element in establishing legal liability in personal injury cases. When someone has a duty of care and doesn’t meet it, they are negligent. When their breach of duty causes injury, negligent individuals or companies are held liable under the law.

Drivers owe pedestrians and other motorists a duty to operate their vehicles safely. Examples of breaches include speeding, texting while driving, and operating a vehicle under the influence of alcohol. If their negligence causes a collision resulting in injuries or wrongful death, the offending drivers are held liable.  

Comparative Negligence

Missouri personal injury lawyers must consider the doctrine of comparative negligence when evaluating liability. Under this legal doctrine, if an injured person is partially at fault in causing an accident, their amount of damages is reduced by the percentage of their fault. For example, a jury might decide that a texting defendant is 75% at fault for colliding with and injuring another driver, while the plaintiff is 25% at fault for running a stop sign. Applying the doctrine reduces the plaintiff’s potential award by 25%.

Establishing legal liability can require in-depth investigation and numerous legal considerations. At Mingus Law Office in Columbia, MO, a skilled personal injury lawyer examines cases using sound strategies, with the goal of a successful settlement negotiation and positive trial outcome. While no two cases are the same and the results aren’t guaranteed, the firm has a strong record of satisfying their clients. To schedule a free consultation with an experienced personal injury attorney, call (573) 443-5202 today, or visit their website to learn more about their practice areas.